Skater pleads not guilty, is released
By CHRIS KNIGHT, Enterprise Senior Staff WriterArticle Photos
LAKE PLACID - A Russian figure skater charged with stealing a car and driving drunk was released from the Essex County Jail Wednesday night pending a felony hearing today.
Wearing shackles and a black-and-white striped jail uniform, Andrei Lutai, 23, of St. Petersburg, Russia, appeared before village Justice Margaret Doran with his lawyer, Brian Barrett of Lake Placid, and U.S. Bobsled Team Manager Lenny Kasten, who served as a translator.
In addition to local media outlets, New York City-based reporters and camera crews from several Russian television news agencies were on hand in the North Elba Town Hall for the court session.
Vladimir Lenski, a reporter from Russia's Channel One, said Lutai's arrest is getting a lot of attention in Russia.
"It's not number one, but it is a big story," he said. "I think at this point it's more scandal than outrage."
Barrett entered not-guilty pleas on behalf of Lutai to charges of third-degree grand larceny and third-degree criminal possession of stolen property, both of which are felonies, and third-degree unauthorized use of a vehicle and aggravated driving while intoxicated, misdemeanors.
Village police say Lutai stole a 2008 Chevrolet Impala from Central Garage around 10:45 p.m. Sunday. Employees of the business said they witnessed the theft and called police, who located the vehicle, pulled Lutai over and determined he was intoxicated. He had a blood alcohol content of .19 percent. The legal limit to drive in the state is .08 percent.
Lutai, an Olympic hopeful who finished 10th in the men's competition on this past weekend's Skate America event, had been in the Essex County Jail on $100,000 bail since his arrest.
Barrett told Judge Doran that Essex County District Attorney Julie Garcia had agreed to drop the felony charges.
"It was my understanding, through a conversation with Ms. Garcia (Wednesday morning), that the felony charges were going to be dropped," Barrett said Wednesday night.
He noted that his client wouldn't be able to leave the country if a felony charge is still pending.
"We were hoping to get Mr. Lutai back on his way to Russia on Friday," Barrett said.
Assistant District Attorney Brian Felton said prosecutors don't plan to proceed with a felony hearing, although they will bring Lutai to trial on the aggravated driving while intoxicated and unauthorized use of a vehicle charges.
Doran said she wasn't prepared to dismiss the felony charges without scheduling a hearing, which was set for 4 p.m. today.
Barrett asked the judge to release Lutai on his own recognizance.
"He is certainly not a flight risk," he said. "He'll come back and participate in any proceedings of this court if necessary. Hopefully the court would allow a waiver of appearance to allow me to stand in Mr. Lutai's shoes in future proceedings, if necessary."
Felton raised no objections to Lutai's release. He said the district attorney's office had received a letter from the Russian Consulate General's Office "that speaks highly of Mr. Lutai's character as well as his credibility."
Barrett noted that Lutai has no criminal history in Russia. Reference letters from his uncle and the Figure Skating Federation of Russia were also provided to the judge.
Doran agreed to release Lutai on his own recognizance, provided he appears in court today. She also suspended Lutai's driving privileges in New York state until the case is resolved.
After the court proceedings, Barrett said his client is eager to get home and continue his training.
"He just wants to get back to competing and doing what he does," Barrett said. "Ms. Garcia is working to make a very quick investigation into this matter so we can get Mr. Lutai on with his life and his training and hopefully a good Olympic career."
Barrett said earlier this week that there are conflicting reports from witnesses about whether Lutai was the one who actually stole the vehicle. He's also questioned whether police witnessed Lutai driving the car.
Barrett added another possible defense Wednesday night, suggesting Lutai may have been "involuntarily intoxicated."
"Involuntary intoxication - if somebody put an intoxicant in Mr. Lutai's drink - is an absolute defense to any criminal charge in the United States," Barrett said. "Given his history of not drinking at all before the night of the arrest leads me to believe he could have been possibly involuntarily intoxicated or an intoxicant slipped to him."
Speaking outside his business prior to the court session, Jerry Strack, owner of Central Garage, seemed to forgive Lutai for what happened.
"That guy made a mistake," he said. "Everybody's entitled to one mistake. Nobody got hurt and there was no damage (to the car)."
Strack is a member of the board of directors of the state Olympic Regional Development Authority, which hosted the Skate America event.
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Contact Chris Knight at 891-2600 ext. 24 or cknight@adirondackdailyenterprise.com.
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FishCric
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11-20-09 9:51 AM
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Leave the kid alone, he has to go back to Russia:( think about it, it's not out of the realm of possibilities they may kill him!
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contrary1
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11-20-09 8:32 AM
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One of the commentors after the previous article, mentioned the fact that the Strack's weren't very happy that this had become an international incident. The Press Republican quoted Jerry Strack, owner of Central Garage, as saying almost exactly the same thing as Brian Barrett. Brian's father, J. Patrick Barrett, is a former RNC bigwig from the GOP's "Contract on America" years. I'm having a hard time understanding how this is a Pelosi/Clinton liberal communist issue, when all the people involved, network with the local GOP. According to the PR, Jerry wanted this matter handled with an emphasis on compassion. Ms.Garcia, elected as a GOP DA in 2005, did exactly that. In the end, Just-Us resulted in more equal justice. Thank you Jerry...I'm sure the skater thanks you too...at least until he gets back to Russia.
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beaudine
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11-20-09 8:22 AM
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BMcclatchie,I know I was thinking the same too.When i read the article i wanted to comment but you couldn't.
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staffman
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11-20-09 7:27 AM
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I have a comment but I know it would stir up some big wigs all over the world so I just won't say a thing about the mistake.
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Lorrie
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11-19-09 11:04 PM
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We should be careful. We never know when one of us may be in trouble in Russia and need their help. Do unto others ....
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Consv1
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11-19-09 8:07 PM
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I guess the legal system should just let him skate......:o
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Afinehowdoyoudo
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11-19-09 7:44 PM
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and BRAVO to BBarrett for inventing a new term. Involuntary intoxication. II love it. That guy cracks me up. Seriously. He should have stayed in the DA race. I would have voted for him for sure. Funny.
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Afinehowdoyoudo
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11-19-09 7:42 PM
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All of you meanspirited, self-entitled, bitter locals need to just take a deep breath. This is a 23 year old kid who got a lil polluted and made a few bad choices. The fact that they hit him up for a $100,000 bail and then paraded him around in a monkey suit is pretty significant punishment. Anyone local would have been ROR and probably be allowed to plead to a misdemeanor. Let's all loosen up the bunched panties and move on to more constructive criticism like bashing universal health care.
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adk777
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11-19-09 7:40 PM
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The guy's lawyer has been doing a good job of dropping "facts" that would later plant doubt in any jury's mind and lead to an innocent verdict should a trial ever actually happen. That's how the legal system goes, be the first to lie as much as you can.
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MommiePatriot
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11-19-09 7:22 PM
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Come to America & get a free get out of jail card is what this says to me. Sounds like this Skater may have some Entitlement issues. People may feel differently if it was their car he had stolen. "Russia" coming to a neighborhood near you.
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dalemi21
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11-19-09 7:16 PM
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I wonder how long before Obama comes and apologizes for the U.S putting this poor chap in jail, and making him wear that tacky "uniform"?!
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adkcathie
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11-19-09 6:54 PM
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WOW, "Everybody's entitled to one mistake." Is it possible to receive a "Get Out Of Jail Free" card? Can I pick that up at the local police station?
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YouKnowImRight
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11-19-09 6:12 PM
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A kid made a dumb mistake-
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graymare47
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11-19-09 5:39 PM
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This was first reported as "unauthorized use of a motor vehicle". Now it is a felony?? Third degree grand larceny, third degree criminal possession of stolen property. AND unauthorized use of a motor vehicle??? How many ways can you charge a person for the same crime??? Charge him with DWI and let him go!!
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uknowuluvme
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11-19-09 5:27 PM
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l noticed in the article about perrymans lawsuit..first they deleted every comment..then you couldnt comment at all...thanks comrade.
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Consv1
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11-19-09 4:40 PM
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The DA needs to explain to the public why she is dropping the felony charges and who in government if anyone spoke to her about this case. I urge the local news media to ask her!
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tarddersauce
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11-19-09 4:21 PM
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I didnt find it strange knowing the history of the Editor of this paper deleting comments. If he doesnt like what you say, its gone. And he knew a lot of us would have our own thoughts on the matter of the SLPD wrecking their car. So why bother even giving us the chance to comment and giving him more work deleting them. Sometimes it is hard work.
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BMcClatchie
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11-19-09 2:43 PM
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BTW, did anyone else find it strange that there is no comment link in the story about SLPD wrecking their car?
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BMcClatchie
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11-19-09 2:36 PM
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I have to agree 100% with all that has been said, especially that Komrades Pelosi and Clinton are mixed in this debacle, and so is Komrade Owens, I think....too bad they won't go to bat for the young person who was born and raised locally who does exactly the same thing.....sheesh!
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NativeTransplant
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11-19-09 1:03 PM
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Let me replace "mistake" with what he actually did: "Everybody's entitled to one night of getting drunk and stealing a car." Doesn't sound quite so logical when you put it that way.
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TLNative
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11-19-09 12:35 PM
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Every time I go to Desporado's I get involuntarilly intoxicated....and I thought it was just me.....
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TLNative
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11-19-09 12:31 PM
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Hard to believe that International relations could be strained over an incident like this....but if Hillary shows up in town watch out !!!!
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IMatter2
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11-19-09 12:27 PM
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This type of defense doesn't work for the locals though, does it ?? Sure, anyone who's been arrested wants to "get on with their life", but that's not the way it goes here. You get jail time or "probation" (trap). Wonder what kind of non-taste, non-odorous alcohol "someone" put in his drink ??? What an abuse of power. Garcia has spoken again - she's gonna let this go. Thank the voters she lost the recent election.
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TourPro
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11-19-09 12:10 PM
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Involuntary intoxication? Letters of reference? "Everybody's entitled to one mistake." Wow.
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iplaylax
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11-19-09 11:45 AM
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This does stink of political intervention.
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